On The Construction Of China's Criminal Victims National Compensation System

In the our country, along with " harmonious community" construction and judicial reform of continuously thorough, The concept of values such as equity, fairness and human right etc. Also gradually have been accepted by people as pursue. In the criminal procedure, law of the problem has been concerned about the background, how to safeguard the interests of the victim is also increasingly loudly. From the victims of criminal elements of criminal proceedings, they pay more attention to its resumption of the murdered was to damage the interests of repair. But the judicial practice, the victim's rights and interests are often not properly solved. In particular, some criminal cases the victims, as from the criminal could get the actual compensation,and even to its domestic economy in poverty or extreme poverty。Although a few of the victim may, by criminal incidental civil action and leadership from the dean, special, public donations to wait for a way of compensation or relief, but the victim was very small, most of the victims themselves to be the actual loss in all failed to come back. Therefore, the victim and the relative situation is very sad, this makes some of them a long period of appeal or petition, even those who commit crimes against society, being affected the present building socialistic harmonious society.Legislative from the international development, through legislation to establish a national system of compensations to protect the rights of victims, has become a consensus on this. We have done a lot of research and made some valuable suggestions and criticisms from practice, I have also made positive attempts. But these are only preliminary and partial, the real criminal victims'rights and status and position and situation is, they're on the protection of the strategy should be raised higher, because their protection is urgent. Countries should take the responsibility for the specific measures to carry out the establishment of the victim state compensation system.Criminal the victim state compensation system is specially aims at the criminal was murdered by the state, subject to criminal victim to the relief measures, a human touch with the striking features of the criminal was murdered. Himself to begin with a brief introduction to the victim state compensation system related concepts of view, it is the system and relevant concepts proposed the establishment of a criminal, the victim state compensation system feasibility and necessity. Then, while parsing the relevant procedure on the basis of compensation for some major country and region of the victim state compensation system of criminal investigation and study. The last record, having learned from other major countries and regions are experienced at the same time, to our national conditions for basic point, build our country's criminal the victim state compensation system of the basic principles, compensation object and scope, for conditions, sources of compensation and calculations, compensation mechanism of the settings and procedures, etc.At present, the victim state compensation system had caused actual department and department of theory; we are also concerned with establishing the system. Therefore, to build socialistic harmonious society, the victim and their families, the state shall bear compensation responsibility of a relief; the most direct way is to consider the establishment of a criminal the victim state compensation system, the victim relief their rights when they can follow a set of the legal measures. With our human rights in the constitution and criminal justice continued progress, and practical and theoretical research, the establishment of a suitable for china's criminal the victim state compensation system is in the near future. This paper will focus on how to combine our national conditions, in our building a Chinese-style criminal state compensation system, the victim herself a little premature.